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The Marine Licensing (Exempted Activities) (Wales) Order 2011

3.—(1) The Marine Licensing (Exempted Activities) (Wales) Order 2011(1) is amended as follows.

(2) After article 3, insert—

“3AModification of the Waste Framework Directive

(1)For the purposes of this Order, the Waste Framework Directive is to be read in accordance with this article.

(2)A reference to one or more Member States in a provision imposing an obligation or conferring a discretion on a Member State or Member States is to be read as a reference to the appropriate authority or local authority which, immediately before exit day, was responsible for the United Kingdom’s compliance with that obligation or able to exercise that discretion in respect of Wales.

(3)Article 2 is to be read as if—

(a)in paragraph 2—

(i)in the words immediately before point (a), for “other Community legislation” there were substituted “retained EU law”;

(b)“local authority” (“awdurdod lleol”) means a county council or county borough council in Wales.

3BMeaning of “Mining Waste Directive”

(1)In reading Article 2 of the Waste Framework Directive in accordance with article 3A, the reference to “the Mining Waste Directive” (as inserted by article 3A(3)(a)(iii)) means Directive 2006/21/EC of the European Parliament and of the Council on the management of waste from extractive industries, read in accordance with paragraphs (2) to (4).

(2)Article 2 is to be read as if—

(a)in paragraph 2(c), the reference to Article 11(3)(j) of Directive 2000/60/EC(6) were a reference to that Article read in accordance with paragraph (4) of this article;

(b)paragraphs 3 and 4 were omitted.

(3)Article 3(1) is to be read as if, for “Article 1(a) of Directive 75/442/EEC” there were substituted “Article 3(1) of the Waste Framework Directive, as read with Articles 5 and 6 of that Directive”.

(4)In reading the Mining Waste Directive in accordance with this article, the reference to the “Waste Framework Directive” (as inserted by paragraph (3)) has the meaning given by article 3 of this Order read in accordance with article 3A.

(a)the references to “Member States” were references to the “Welsh Ministers or the Natural Resources Body for Wales”;

(b)at the end, there were inserted—

“and “environmental objective”, in relation to a river basin district (within the meaning of the Water Environment (Water Framework Directive) (England and Wales) Regulations 2017)(7), has the same meaning as in those Regulations.””

(3) In article 33(2)—

(a)in sub-paragraph (a), for “(other than Gibraltar) which is not a Member State; and” substitute “other than the United Kingdom.”;

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